Ricardo Gonzalez v. State of Florida
Ricardo Gonzalez v. State of Florida
Opinion
We have for review Ricardo Gonzalez's appeal of the circuit court's order denying Gonzalez's motion filed pursuant to Florida Rule of Criminal Procedure 3.851. This Court has jurisdiction. See art. V, § 3(b)(1), Fla. Const.
Gonzalez's motion sought relief pursuant to the United States Supreme Court's decision in
Hurst v. Florida
, --- U.S. ----,
After reviewing Gonzalez's response to the order to show cause, as well as the State's arguments in reply, we conclude that Gonzalez is not entitled to relief. Gonzalez was sentenced to death following a jury's recommendation for death by a vote of eight to four, and his sentence of death became final in 2001.
1
Gonzalez v. State
,
The Court having carefully considered all arguments raised by Gonzalez, we caution that any rehearing motion containing reargument will be stricken. It is so ordered.
LABARGA, C.J., and QUINCE, POLSTON, and LAWSON, JJ., concur.
PARIENTE, J., concurs in result with an opinion.
LEWIS and CANADY, JJ., concur in result.
PARIENTE, J., concurring in result.
I concur in result because I recognize that this Court's opinion in
Hitchcock v. State
,
Although our decision affirming Gonzalez's death sentence does not specify the number of Gonzalez's jurors who voted to recommend death, our decision affirming the denial of his initial motion for postconviction relief does.
See
Gonzalez v. State
,
Reference
- Full Case Name
- Ricardo GONZALEZ, Appellant, v. STATE of Florida, Appellee.
- Status
- Published